Preparing For a Deposition: Why It’s Important

A deposition is a crucial stage in a personal injury case, where both parties gather information and testimonies from witnesses under oath. This testimony can have a significant impact on the outcome of your case. Therefore, it's essential to prepare adequately for your deposition. Below are tips and advice on how clients can effectively prepare for their testimony and what to expect during the process.

1          Understand the Purpose of a Deposition

The deposition occurs outside the courtroom, and the person being deposed is placed under oath. This discovery allows the parties to learn what the other party intends to say if they go to trial. It's essential to understand that the primary goal of a deposition is to gather facts and testimonies that will be used to build or defend a claim. This understanding will help you remain focused and calm throughout the deposition.

2.         Consult with Your Attorney

Your attorney is your best resource when preparing for a deposition. Depositions can help your case because your attorney will know what testimony to expect from the other party during the trial. They will help you understand the questions you're likely to be asked and guide you on how to respond effectively. Schedule a meeting with your attorney before the deposition to discuss your testimony and review your case details.  In addition, the person being deposed is being evaluated on how they would handle testimony in court.

3.         Review Relevant Documents

Reviewing relevant documents before your deposition will help refresh your memory and provide a solid foundation for answering questions during the deposition. Some of the critical documents to check are:

•  Accident or Incident Report: If your case involves a car accident, slip and fall, or other incidents, reviewing the official report can help you recall important details, such as the date, time, location, and parties involved.

• Medical Records: Review your medical records, including doctor's notes, diagnostic test results, treatment plans, and bills. These documents will provide crucial information about your injuries, the extent of your medical treatment, and the costs associated with your care.

• Witness Statements: If there were any witnesses to the incident, review their written or recorded statements to refresh your memory about what they saw or heard during the event.

• Photographs or Videos: Examine any pictures or videos taken at the accident scene, which can help you visualize and remember the details of the incident.

• Insurance Information: Review any communications with insurance companies, including claim forms, correspondence, and policy information. This can help you recall important details about your insurance coverage and any settlement negotiations.

• Correspondence with Opposing Party: If you have exchanged any written or electronic communications with the opposing party, review these documents to refresh your memory about the content of those conversations.

• Your Own Written or Recorded Statements: If you provided any written or recorded statements to the police, insurance companies, or your attorney, review them to ensure your deposition testimony is consistent with your previous statements.

4.         Practice Answering Questions:

Honesty is crucial during a deposition, and giving false or misleading information can damage credibility and negatively impact your case. If you don't know the answer to a question or can't remember specific details, it's okay to say so.

 Your attorney will know what questions you will likely be asked, which will help you practice answering questions before your deposition.  Provide clear, concise, and honest answers. Remember to:

·      Listen carefully to each question.

·      Take a moment to think before responding.

·      Answer only the question asked – avoid volunteering unnecessary information.

·      Tell the truth.

5          Demonstrate Courtroom Presence:

Remember that the opposing counsel evaluates your demeanor and communication skills during the deposition. They are assessing how you would come across as a witness in court.  To effectively handle testimony in court, consider the following tips:

·      Maintain good posture and eye contact: Sit straight, make eye contact with the attorney asking the questions, and speak clearly and confidently. This will help convey credibility and trustworthiness.

·      Stay composed under pressure: Stay calm and collected during your deposition, even if the opposing attorney's questions seem aggressive or accusatory. Arguing or becoming defensive may harm your credibility.

·      Be polite and respectful: Treat everyone involved in the deposition with respect, including the opposing attorney, the court reporter, and any other attendees. Being courteous can help build rapport and make you more relatable to a jury.

·      Avoid jargon or complex language: When answering questions, use plain, straightforward language that a layperson can understand. This will make your testimony more accessible and relatable to a jury.

·      Dress Appropriately: Dress professionally and conservatively for your deposition. First impressions matter. Appearing well-groomed and put-together can help establish credibility with the opposing counsel and court reporter.

It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Pedestrian Traffic Fatalities Skyrocket

According to the Governors Safety Highway Association’s preliminary report, 3,434 pedestrians were killed due to traffic crashes in the first half of 2022 in 49 states and the District of Columbia. This unprecedented surge in pedestrian deaths is a public health concern and a significant socio-economic issue.  The primary factors behind these accidents, discuss the impact on society and suggest possible solutions to curb this alarming trend.

Causes of Pedestrian Fatalities:

1. Distracted Driving: The rise in smartphone usage and in-car infotainment systems has increased driver distraction, leading to more pedestrian accidents.

2. Increased Traffic: Urbanization and population growth have increased traffic congestion, making it more challenging for drivers to be aware of pedestrians.

3. Poorly Designed Infrastructure: Lack of proper pedestrian facilities such as sidewalks, crosswalks, and traffic signals contribute to the increased risks pedestrians face.

4. Speeding: Drivers traveling at high speeds have less time to react and are more likely to cause severe or fatal injuries in case of an accident.

5. Impaired Driving: Alcohol and drug use remain significant factors in fatal pedestrian accidents.

The National Safety Council reports that one of the leading causes of pedestrian accidents is lack of visibility. Drivers who cannot see you are more likely to hit you. There are some ways that you can increase your visibility as a pedestrian, such as:

• Follow the rules of the road and obey signs and signals.

• Use designated crosswalks where available.  If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic.

• Walk on sidewalks whenever they are available. If there is no sidewalk, walk facing traffic as far from traffic as possible.

• Wear bright clothing and wear reflectors on your clothing.

• Use a flashlight at night! 

Impact on Society:

1. Loss of life: The most tragic consequence of pedestrian

2. Public Health: The rise in pedestrian fatalities is a significant public health concern, affecting individuals of all ages and demographics.

3. Economic Costs: Traffic accidents involving pedestrians result in high financial costs, including medical expenses, lost productivity, and property damage.

4. Emotional Trauma: Fatalities involving pedestrians affects the victims' families and the automobile drivers.

If you have been injured in a traffic accident at no fault of your own, talk to an experienced personal injury lawyer.  A lawyer can provide legal expertise, navigate complex legal processes, and protect your rights.

Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We Only Get Paid When You Win!

Are You An Employee or Independent Contractor?

Many workers are misclassified as independent contractors when they should be classified as employees. This misclassification can result in workers being denied benefits and protections that they are entitled to under the law, such as workers' compensation, unemployment insurance, and minimum wage and overtime pay.

What is Employee Misclassification?

Worker classification is an issue that affects workers' compensation and the U.S. workforce. A 2022 Economic Policy Institute analysis of 11 commonly misclassified jobs estimates the cost of independent contractor status to these workers. For example, as an independent contractor, a typical construction worker would lose as much as $16,729 per year in income and job benefits compared to what they would have earned. As an independent contractor, a typical home health aide would lose as much as $9,529 per year in income and job benefits compared to what they would have earned. 

Occupations Most at Risk of Misclassification

·      Constructions Workers

·      Landscapers

·      Truck Drivers

·      Home Health Aides

·      Janitors and Cleaners

·      Nail Salon Workers

·      Nannies and Housekeepers

·      Retail Sales Workers

·      Customer Service Reps/Call Center Workers

According to the U.S. Department of Labor, there are three primary factors to consider when determining whether a worker is an employee or an independent contractor: the degree of control the employer has over the worker, the worker's opportunity for profit or loss, and the worker's investment in equipment or materials. If the worker is economically dependent on the employer, they are likely an employee and entitled to the protections and benefits of that status.

Employers misclassify workers as independent contractors to avoid paying taxes and providing benefits, which can lead to legal challenges and fines. In addition to the financial impact on workers, misclassification can have broader economic implications, such as reduced tax revenue and increased competition from businesses that do not comply with labor laws.

New Hampshire ABC TEST

In New Hampshire, whether a worker is, an employee or an independent contractor is based on the "ABC" test. Under this test, a worker is considered an employee unless all three of the following conditions are met:

A.    The worker is free from the control and direction of the employer in connection with the performance of the work, both under the contract and, in fact; and

B.    The worker performs work that is outside the usual course of the employer's business; and

C.     The worker is customarily engaged in an independently established trade, occupation, profession, or business of the exact nature of the employer's work.

Workers are considered independent contractors if they meet all three conditions. If not, they are considered employees and entitled to the protections and benefits of that status, such as workers' compensation, unemployment insurance, and minimum wage and overtime pay.

It is important to note that the ABC test is used only to determine worker classification under New Hampshire law. The IRS and other federal agencies may use different tests to determine worker classification for federal tax and benefits purposes.

It always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

What is an Independent Medical Examination (IME), and why is it Necessary?

If you get injured at work, your employer's insurance company is responsible for providing you with workers' compensation benefits.

Your employer's insurance company has the right to request an Independent Medical Examination (IME). This doctor is selected and paid for by the insurance company. Remember that they may have different interests than your best interests when giving their opinion.

An IME is usually scheduled if the workers' comp carrier disagrees with your doctor's diagnosis, especially if this diagnosis recommends ongoing medical treatment, permanent impairment awards, or a change in job duties.

NH Workers’ Compensation Law

Under RSA 281-A:38 & 39, failure of the employee to attend an independent medical examination (IME) or obstruct that examination shall result in the suspension of your weekly indemnity benefits until the examination has taken place, and no compensation shall be payable during and for such period.

The Department of Labor has rules that set guidelines for the IME:

•      You must be given a written notice of the IME at least ten (10) days before the examination and at a time and place reasonably convenient for the employee.

•      You can be scheduled to attend no more than two IMEs per year.

•      The IME must take place within a 50-mile radius unless approved by the Department of Labor.

•      You have the right to have your health care provider, which you pay for out of pocket, present at your examination.

•      You have the right to have a witness present during your examination, and you must sign an authorization to allow the witness to be present. However, the witness cannot interfere in the examination in any way.

•      You are entitled to the payment of mileage reimbursement for your travel to this appointment. The mileage rate for 2023 is 65.5 cents per mile.

Before your appointment, you'll want to talk with your attorney about what you should expect during your independent medical examination.

TIPS TO HELP YOU DURING YOUR IME

1.     Be on Time

You will only know how many forms you must fill out if paperwork is sent to you beforehand. Completing the office paperwork could take longer than expected, depending on your injuries.

 1.     Do Not Be Rude or Difficult

Be respectful and courteous to the IME doctor and their staff. The workers' compensation carrier hires this doctor to evaluate your injury or illness and determine your eligibility for benefits. Therefore, being polite and cooperative during your exam is in your best interest. Their opinion is often used to determine if you qualify for compensation. 

2.     BE HONEST ABOUT YOUR INJURY

You are about to be evaluated for your injury. Answer the questions truthfully, without exaggerating. If you are untruthful in the hopes of improving your case, you could damage your credibility.

3.     IF YOU HAVE PREVIOUS INJURIES, BE SURE YOU KNOW HOW TO ADDRESS THESE

Part of an IME physician's job is to determine whether this is a new injury or if the new injury has aggravated any past injuries. Be honest with the physician and avoid exaggerating. Tell the doctor about any new symptoms, limitations, and pain you are experiencing now that you did not have before.

4.     TELL THE DOCTOR WHEN YOU ARE IN PAIN; AVOID EXAGGERATION

Most physicians ask patients to rate their pain on a scale of 0 to 10, with ten being the highest. 0 means no pain; 1 to 3 means mild pain; 4 to 7 is moderate pain; 8 and above is severe. 10 is unspeakable pain, and very few people will ever experience this level of pain.

5.     DO NOT TALK ABOUT YOUR CASE

Even if the physician brings up your case, mention that you have hired an attorney and then change the topic. Avoid making any statement that is not about your injury. What you say will get back to your employer and the insurance company.

THE IME REPORT

Once the IME is complete, all parties have the right to review the report. The introductory section will include the medical records reviewed and a summary of the doctor's conclusions. The information will also describe the conversation between you and the doctor. The doctor’s findings will be documented (in detail), and the diagnosis/prognosis will be given.

It always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Get Ready to Spring Forward!

On Sunday, March 12, 2023, at 2:00 A.M., we will “spring forward” one hour, and for many, that means a tired couple of days as our bodies adjust.  The consequences of fatigue can be severe, so plan accordingly.

The annual shift to Daylight Savings Time (DST) can cause disruptions to our daily routines, resulting in fatigue and lack of focus at work and while driving. This can lead to a higher risk of accidents due to drowsiness or distraction. While the benefits of Daylight Savings Time are undeniable, we must take steps to mitigate the adverse effects of the change in time.

CAR ACCIDENTS

Spring daylight savings time significantly impacts driving safety, and fatal accident is highest in the morning. According to a study in Current Biology, DSTincreases fatal motor vehicle accident risk by 6%.  One factor contributing to the rise in accidents is the change in people’s schedules. When the time changes, people have difficulty adapting to new daylight hours, which means visibility changes during your typical commute in the morning.

WORKERS INJURIES

According to studies by the American Phycological Association and the Bureau of Labor Statistics, those in hazardous work environments, such as truck drivers and factory workers, are particularly vulnerable to DST's effects on their health and safety.

This means tired workers show up on the job, which increases injuries. Turning the clocks forward one-hour results in workers showing up on the job with 40 minutes less sleep, a 5.7 percent increase in workplace injuries, and nearly 68 percent more workdays lost to injuries. On average, there were 3.6 more injuries on Mondays following the switch to daylight saving time compared to other days, and 2,649 more workdays were lost due to those injuries. That's approximately a 68 percent increase in lost workdays. 

PREPARE FOR DAYLIGHT SAVINGS TIME TO PREVENT ACCIDENTS & INJURIES

The time change in the fall is inevitable. Therefore, it is essential to address measures individuals can take to increase their safety in dangerous situations.

Here are a few recommendations for a safer daylight savings time this fall.

● Give yourself extra time to wake up in the morning.

● Gradually adjust your bedtime before the time change.

● Adjust your car headlights according to the sunlight.

● Take your time with typical daily tasks if you feel tired.

● Allow yourself time to rest.

In addition to these safety tips, being aware of others’ actions is also essential. Just because you’ve taken the time to prepare for the change doesn’t mean that others have. If you are aware of what’s going on around you, you can help prevent accidents of all kinds.

Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Managing Your Medical Bills After a Car Accident

If you're hurt in an accident that is someone else's fault, you may wonder how you will pay your medical bills. Medical bills can pile up quickly, and how and when your medical bills are paid after an accident depends on the insurance laws in your state and who is at fault for the accident. 

New Hampshire is one of only two states in the country that does not require any statutory minimums for car insurance coverage. Most drivers in the state can legally operate their vehicles without insurance.

Health Insurance:

Health insurance will likely cover your medical treatment like any other illness or injury, and you will still be responsible for deductibles, copays, and out-of-network providers.  If you do not have health insurance, you can be stuck with the medical bills if you cannot recover the costs from the person responsible.

Auto Insurance: 

In New Hampshire, basic auto insurance policies must include liability insurance, MedPay, and uninsured motorist coverage.

Minimum Liability:

You must get the minimum limits of liability which are:

·$25,000 in bodily injury coverage per person

$50,000 in bodily injury coverage for more than two per accident·

$25,000 in property damage coverage per accident

$1,000 in medical payments per accident 

MedPay:

New Hampshire also requires medical payment coverage or MedPay to be included in your policy.  MedPay is a type of car insurance drivers, or their passengers can use to cover their medical expenses after an accident. MedPay differs from health insurance because it does not require copays or deductibles for covered healthcare services. The state minimum coverage is $1,000, but higher amounts are possible and advisable because medical bills after a car accident often exceed this. 

Uninsured Motorist Coverage:

Uninsured motorist coverage is insurance that can protect you in the event of an accident with a driver who does not have car insurance. It provides financial protection for medical costs and property damage if you are hit by a driver who does not have enough liability coverage to cover the costs of your injuries. This coverage is essential for all drivers, as it can help ensure you are not left paying out-of-pocket for damages caused by another driver's negligence.

Negotiate Medical Bills:

Yes, you can negotiate to lower your medical bills. Billing and financial departments of hospitals and healthcare facilities are used to negotiating when paying medical bills. This is especially true in the case of car accidents, where there may be some degree of liability involved.

Legal Representation:

Navigating a personal injury claim is overwhelming when suffering physical and financial challenges.  Victims of these accidents often face medical bills, lost wages, and other associated costs.  Liability is also an issue that needs to be addressed to receive the compensation you deserve.

Getting the right lawyer to help you navigate the process is essential when faced with complicated legal issues.  A lawyer with experience in personal injury cases can provide invaluable advice and assistance in negotiating the best outcome for you.

Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

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Common Car Accident Injuries Can Cause Long-Term Pain & Suffering

If you drive regularly, your chances of experiencing a car accident in your lifetime are 1 in 77. Car accidents are one of the most common causes of serious injuries in the United States. Any person who experiences a serious car accident and injury is entitled to compensation according to the law. Many car accident victims receive settlements for the cost of medical bills, lost wages, future loss of wages, ongoing medical treatment, and pain and suffering. Here, we’re going to discuss the most common car accident injuries and the long-term impact they can have on your life.

Head Injuries

The most common type of head injuries caused by car accidents are Traumatic Brain Injuries (TBI). Minor TBIs affect your brain temporarily and cause side effects such as headaches, migraines, and short-term memory loss. Major TBIs, however, are more severe and have the potential to cause long-term brain damage and even death. Symptoms of TBIs include:

• Nausea & vomiting

• Fatigue

• Inability to speak (slurred speech)

• Disrupted sleep patterns

• Dizziness

• …and more

If you hit your head during a car accident, you should seek medical treatment as soon as possible to rule out a traumatic brain injury.

Broken Bones

Broken bones are one of the most common injuries associated with car accidents. From minor fractures to compression breaks and even compound fractures, the complications associated with broken bones are endless. Some people who experience broken bones from car accidents suffer for the rest of their life from pain, loss of use, or even loss of limb. If a broken bone impedes your ability to work after your car accident, you can fight for compensation to replace your lost income.

Whiplash

Although many people believe whiplash is a minor, common injury, it can be severe. Side-effects of whiplash include:

• Loss of range of motion

• Headaches or migraines

• Chronic back pain

Whiplash is extremely painful and frequently requires long-term treatment from a physical therapist or chiropractor. Some car accident victims who experience whiplash do not feel relief from their pain for months.

PTSD

Post Traumatic Stress Disorder (PTSD) is a common, serious, non-physical car accident injury that can cause long-term pain and suffering. Symptoms of PTSD include:

• Flashbacks

• Unexplained fears

• Heightened anxiety

• Stress

• Night terrors

• Mood swings

• Depression

• …and more

Car accident victims who experience PTSD should see a therapist for treatment as well as their medical doctor. PTSD is extremely serious and requires a comprehensive, long-term treatment plan to keep symptoms and side-effects at bay.

You Are Entitled To Compensation For Your Car Accident Injuries

If you’ve been the victim of a car accident, you should not have to suffer because of someone else’s negligence. An experienced attorney can help you fight your case and win you the compensation you deserve.

In New Hampshire, a trusted source of car accident representation is Patch & FitzGerald Attorneys at Law. Our team has decades of experience fighting and winning cases for people just like you. To schedule a free consultation, call 603-647-2600 or contact us online today.

School Bus Safety

Students are about 70 times more likely to get to school safely when taking a bus instead of traveling by car. That’s because school buses are the most regulated vehicles on the road; they’re designed to be safer than passenger vehicles in preventing crashes and injuries; and in every state, stop-arm laws protect children from other motorists. To learn more, read this article by the National Highway Transportation Safety Administration.

You might have a case, so let’s video-chat

Have you been injured?  Do you have a question about a potential claim? Despite the COVID-19 precautions, Patch & FitzGerald is fully staffed and available for you, using the latest telecommunications options.

You may not be able to sit down in front of us in person, but videoconferencing is almost the same thing. And, rest assured that you will be chatting with one of our highly trained staff paralegals or attorneys, not a call center in the Midwest or offshore. Call Patch & FitzGerald when you need hard-fought winning results, not fluffy promises. Reach us at 603-647-2600.

Patch & FitzGerald:  Relentless Advocates, Winning Results.    

Understanding How A Wrongful Death Lawsuit Works

No matter how it happens, the death of a loved one is a traumatic and painful experience. When their death is unexpected, the pain is unbearable. If your loved one died in an accident as the result of another person's negligence, you might be able to get the justice you deserve by filing a wrongful death lawsuit. Here, we're going to explore how a wrongful death lawsuit works and how you can get help filing your case. 

Who Can File A Wrongful Death Claim?

A wrongful death lawsuit is a case brought against a party that caused a person's death intentionally or as a result of negligence. 

Parties That Can File A Wrongful Death Lawsuit Include:

• The deceased's spouse/partner

• The deceased's immediate family including children, parents, and siblings

• The deceased's estate

If you have lost a loved one in an accident and you suspect negligence was involved, the best course of action is to seek advice from a trusted attorney. 

When Can I File A Wrongful Death Claim?

There are a variety of situations that qualify for wrongful death lawsuits. The most common scenarios for wrongful death claims include:

• Medical malpractice

• Negligent car accidents

• Faulty medical devices or medications

• Product malfunctions

• Death caused intentionally

To be successful in a wrongful death claim, you must be able to present evidence that their family member's death was the result of intentional or negligent actions. An experienced attorney is essential in these situations because they can decipher the circumstances surrounding the case to produce credible evidence.

Can I Recuperate Wrongful Death Damages?

The death of a loved one can be an unfortunate financial burden to their closest family members and friends. Therefore, wrongful death claims work to recuperate a financial settlement to compensate them for their suffering. In a wrongful death claim, family members (or the individual's estate) can recover damages for:

• Funeral/burial costs

• Medical bills

• Loss of expected income

• Value of services of the deceased

• Loss of inheritance

• Loss of care and companionship

• Pain and suffering

A knowledgeable attorney will help you understand what compensation you are entitled to according to the law in your state and will develop a case that works in your favor.

Knowledgeable Attorneys Who Fight For You

If you are missing a loved one because of an untimely death, you can count on the team at Patch & FitzGerald to fight for you. We have decades of experience representing families across New Hampshire and make it a priority to win the justice your loved one deserves. Our team takes care of all of the paperwork and takes the time to walk you through the process so you can focus on what matters most - healing. 

To schedule a free consultation, call our office or contact us online today. We are here for you.